The US Supreme Court has ruled that tariffs imposed by US President Donald Trump under the International Emergency Economic Powers Act are unlawful, causing uncertainty in the global markets. For businesses, volatility is no longer a temporary disruption — it is part of long-term planning.
From my perspective, as a US visa and immigration lawyer with strong ties to Taiwan, supply chain restructuring is no longer theoretical. It is happening in real time. While Taiwan’s semiconductor sector has once again been drawn into US political rhetoric, such developments are unlikely to deter Taiwanese enterprises from expanding in the US. Hedging against policy unpredictability has become a strategic imperative.
A key challenge in US expansion is relocating core personnel and expertise. Preliminary visits can be conducted under ESTA or B-1/B-2 business visas, but these do not authorize employment. Taiwan’s status as a treaty nation provides a crucial advantage through the E-2 Treaty Investor visa, which carries no annual quota limitation. This enables Taiwanese firms to transfer essential staff with speed and flexibility.
A decade ago, the American Institute in Taiwan issued about 400 E-2 visas annually. Last year, the number of Taiwanese nationals receiving the E-2 visa exceeded 4,000. For many Taiwanese enterprises, the E-2 visa has become the primary pathway for establishing an operational foothold in the US.
This wave of investment extends beyond semiconductors. Amid growing demand for “Made in US” production, industries ranging from food processing to traditional manufacturing are pursuing joint ventures, acquisitions and factory revitalization projects. These investments serve as transitional strategies in response to tariff uncertainty.
Concerns that foreign investment could displace US workers are unfounded. Taiwanese firms typically bring in a limited number of executives and specialized professionals, while generating substantial local employment opportunities. This combination of capital inflow, technology transfer and job creation aligns closely with US economic priorities.
Meanwhile, the EB-5 Immigrant Investor Program for permanent residency is benefitting from onshoring activities, too. Historically concentrated in metropolitan real estate developments, EB-5 capital is increasingly directed toward tangible manufacturing projects in targeted employment areas, including battery production, renewable energy facilities and automotive parts plants. For Taiwanese investors considering investing US$800,000 for a green card, these projects might offer more sustainable job creation compared with passive real estate ventures of the past.
Talent strategy is another critical dimension. As more professionals relocate to the US on temporary work visas, demand for employment-based permanent residency — including EB-1A extraordinary ability, EB-2 National Interest Waiver and employer-sponsored EB-2/EB-3 categories — is expected to rise significantly in the coming years. Companies willing to sponsor work authorization and green cards can tap into the 1 million international students graduating annually from US universities.
Supply chain restructuring is no longer a question of “if,” but “how fast.” However, the US regulatory environment remains complex. Poorly structured investments carry substantial legal and financial risk.
Taiwanese enterprises should engage early with professionals in tax, immigration and labor law to design compliant strategies. With careful planning, Taiwan’s businesses can turn tariff turbulence into strategic positioning — strengthening bilateral economic ties while securing global competitiveness.
Danny Chen is principal attorney at Green Maple Law Group.
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